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A round tuit

03 July 2012
Issue: 4360 / Categories: Forum & Feedback , Land & property
Land can effectively be transferred by a deed stating that the legal owner holds this as trustee for another, but can this be done for other property, such as shares?

If say a husband owns a property for example a house that is let out and it would be more tax efficient for the property to be in his wife’s name (e.g. because the income or gains would be subject to lower rates) he can transfer the legal interest into her name.

I have heard that rather than go to the trouble and expense of actually conveying the property he could sign a deed stating the he holds the beneficial interest presumably as a bare trustee on her behalf.

Could the same be done for shares held in his name? I have suggested to my client that (subject to the normal provisos) it would be more tax efficient if his shareholdings were held in his wife’s name so that he did not have a higher-rate tax liability on the dividend income each...

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